In Canada, parental leave is available to both biological and adoptive parents following the birth or placement of a child. Parents share a combined entitlement of up to 40 weeks of standard parental benefits (at 55% of insurable earnings) or 69 weeks of extended parental benefits (at 33% of insurable earnings). Employment Insurance (EI) pays the benefits, while provincial and federal employment standards provide job protection. Parental leave is distinct from maternity leave, which is reserved for birth mothers.

Statutory entitlement

Up to 40 weeks of standard parental leave (shared between parents) at 55% of average insurable weekly earnings, or 69 weeks of extended parental leave at 33%. One parent cannot take more than 35 weeks (standard) or 61 weeks (extended) individually. EI eligibility: 600 hours of insurable employment in the 52 weeks before the claim.

Eligibility

600 hours of insurable employment in the 52 weeks before the claim. Available to biological parents, adoptive parents, and intended parents under surrogacy arrangements. Provincial job-protected leave may have additional service length requirements.

Employer obligations

  • Grant job-protected parental leave as required by the applicable jurisdiction (federal or provincial).
  • Issue an EI Record of Employment (ROE) to enable the employee to claim EI parental benefits.
  • Maintain the employee's position (or an equivalent position) during the leave period.
  • Continue benefit plan contributions during the leave if the employee continues to pay their share.
  • Not dismiss or subject the employee to reprisal for taking parental leave.

Employee rights

  • Right to share parental leave between both parents within the combined maximum weeks.
  • Right to EI parental benefits at 55% (standard) or 33% (extended) of average insurable weekly earnings.
  • Right to return to the same or an equivalent position after leave.
  • Right to continue benefit plan contributions during the leave period.

Common pitfalls

  • Exceeding the combined maximum — both parents' leave weeks together cannot exceed 40 (standard) or 69 (extended).
  • Assuming parental leave is only for birth parents — adoptive parents and intended parents are also eligible.
  • Conflating employer pay with EI benefits — EI benefits are paid by the federal government, not by the employer.
  • Missing the 52-week window (standard) or 78-week window (extended) to submit the EI claim after the child's birth or placement.

Standard vs extended parental benefits

Parents choose between two options at the time of the EI claim. Standard benefits provide 40 weeks of shared leave at 55% of average insurable earnings, to be claimed within 52 weeks of the child's birth or placement. Extended benefits provide 69 weeks of shared leave at 33% of average insurable earnings, to be claimed within 78 weeks. The choice is made once and cannot be changed.

Sharing leave between parents

Both parents share the combined total. Under standard benefits, one parent may take up to 35 weeks and the other up to 35 weeks, but their combined weeks cannot exceed 40. Under extended benefits, one parent may take up to 61 weeks and the other up to 61 weeks, but the combined total cannot exceed 69. Parents may take their leave concurrently or sequentially.

Job protection by province

Each province sets its own job-protected leave period that corresponds to the EI benefit window. For example, Ontario provides up to 63 weeks of parental leave, while British Columbia provides up to 62 weeks. Federally regulated employees are covered under the Canada Labour Code Part III. Employers must comply with the applicable legislation.

Frequently asked questions

Can both parents take parental leave at the same time?

Yes. Both parents can take parental leave concurrently. The total combined leave cannot exceed 40 weeks (standard) or 69 weeks (extended).

What is the difference between standard and extended parental benefits?

Standard benefits provide up to 40 weeks at 55% of insurable earnings, claimed within 52 weeks. Extended benefits provide up to 69 weeks at 33% of insurable earnings, claimed within 78 weeks.

Do adoptive parents get parental leave?

Yes. Parental leave is available to biological parents, adoptive parents, and intended parents under surrogacy arrangements. The entitlement and EI eligibility requirements are the same.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.